Tennessee Code Annotated
Tenn. Code Ann. § 16-3-404 (2026)
Effective date of rules - Approval of rules by general assembly
✓ current as of May 2026
The supreme court shall fix the effective date of all its rules; provided, that the rules shall not take effect until they have been reported to the general assembly by the chief justice at or after the beginning of a regular session of the general assembly, but not later than February 1 during the session, and until they have been approved by resolutions of both the house of representatives and the senate.
Acts 1965, ch. 227, § 3; T.C.A., § 16-114; Acts 1985, ch. 24, § 1.
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 1981–2026 · leading case: State v. Hall, 958 S.W.2d 679 (Tenn. 1997).
State v. Hall, 958 S.W.2d 679 (Tenn. 1997). “T.C.A. § 16-3-404. Thus, the court concluded: The rule to which the defendant objects in this instance was, of course, initiated by the supreme court as a means of improving the criminal procedure in this state.”
Lock v. Nat'l Union Fire Ins. Co., 809 S.W.2d 483 (Tenn. 1991). “Before section (2) became effective, the 1986 amendment was duly approved by resolutions of both houses of the General Assembly in compliance with T.C.A. § 16-3-404. 4 Tennessee Code Annotated § 16-3-406 states that “after such rules shall have become effective, all laws in…”
Alley v. State, 958 S.W.2d 138 (Tenn. Crim. App. 1997). “The petitioner also claims his defense attorneys were prevented from reviewing the report before its submission to the supreme court.”
State v. Brackett, 869 S.W.2d 936 (Tenn. Crim. App. 1993). “Code Ann. § 16-3-601. Rule 5(c)(2) of the Tennessee Rules of Criminal Procedure provides, in pertinent part, as follows: If the defendant offers to waive in writing the right to a grand jury investigation and a trial by jury and submit the judgment in the case to the…”
State v. Best, 614 S.W.2d 791 (Tenn. 1981). “T.C.A. § 16-3-404. The statutory scheme of rule making contemplates that the Supreme Court will make appropriate use of the advisory commissions authorized by T.”
State v. Brewer, 989 S.W.2d 349 (Tenn. Crim. App. 1997). “(The rules of Criminal Procedure were approved by the General Assembly pursuant to Tennessee Code Annotated section 16-3-404. They became effective on July 13, 1978, after being approved by the Governor on April 14, 1978.”
Herbert S. Moncier v. Bd. of Prof'l Responsibility of the Supreme Court of Tennessee (Tenn. Ct. App. 2013). “Moncier argues that the Board of Professional Responsibility was created by legislative action pursuant to Tenn. Code Ann. § 16-3-404 2 when the General Assembly 1 The Open Meetings Act is often referred to as the “Sunshine Law.”
Herbert S. Moncier v. Hearing Panel of the Bd. of Prof'l Responsibility (Tenn. Ct. App. 2013). “Moncier emphasizes, Tenn. Code Ann. § 16-3-404 provides that the Supreme Court’s rules do not take effect until approved by the general assembly.”
Helen S. Rogers v. Thomas E. Watts, Jr., - Concurring (Tenn. Ct. App. 1998). “The Court submitted the proposed rule to the General Assembly in accordance with Tenn. Code Ann. § 16-3-404 (1994). The House of Representatives approved the rule on April 27, 1995,3 and the Senate followed suit on May 4, 1995.”
In re: M.E.A. by: Elizabeth Joy Argo Exum v. Kimberly Darlene Moody (Tenn. Ct. App. 2004). “Rules of Juvenile Procedure, along with the Rules of Criminal Procedure, Rules of Civil Procedure, and Rules of Appellate Procedure, are promulgated by the joint action of the legislature and the Supreme Court, T.”
State v. Sedley Alley (Tenn. Crim. App. 2010). “The petitioner also claims his defense attorneys were prevented from reviewing the report before its submission to the supreme court.”
State of Tennessee v. Tyrome Cameron Ferguson (Tenn. Crim. App. 2026). “§ 16-3-404. Upon their approval, the rules become effective and carry the force of the law, and “all laws in conflict with the rules shall be of no further force or effect.”
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